A doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence.
Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address medical bills, physical therapy, occupational therapy, surgery and other related expenses. These medical malpractice claims benefit greatly from an attorney with relevant case experience.
Questions that Help Determine if a Doctor is Responsible for Erb’s Palsy
A Florida birth injury attorney may schedule a free initial consultation to go over the facts of the child’s injury. The attorney likely will talk to the parents about how the injury occurred, the extent of the injury (i.e., the child’s physical limitations and progression) and any related medical factors.
The attorney may ask questions to gain insight into what caused the underlying injury. Examples of such questions may include:
- Did your obstetrician test and treat you for gestational diabetes?
- Did your obstetrician or physician make efforts to determine the size of your baby prior to birth?
- Did your obstetrician conduct a thorough case history, including talking to you about previous pregnancies and deliveries?
- If so, did the physician talk to you about your baby being larger than average?
- Did your obstetrician discuss birthing options in the event of a complicated or prolonged labor and delivery?
- Did the delivering doctor ignore early warning signs, such as your baby’s breech position or your prolonged labor?
- Did the delivering doctor exert force on your baby’s head or neck when attempting to free your child from the birthing canal?
- Did the delivering doctor attempt any techniques or maneuvers to help ease the baby into delivery?
These types of questions help attorneys understand a doctor’s actions or lack thereof. This may be part of a more in-depth investigation that includes examining medical and hospital records, interviewing witnesses, and consulting medical experts.
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Establishing Liability and Pursuing Damages in a Birth Injury Claim
A parent may have grounds for a birth injury claim if there is proof a doctor’s mistake caused the nerve injury that led to Erb’s palsy.
Such a mistake may include:
- failure to diagnose or treat prenatal conditions and risk factors;
- failure to warn a patient;
- delayed emergency c-section;
- inappropriate delivery room techniques; and
- failure to induce labor.
Birth injury claims necessitate substantial evidence of negligence and injury. A successful claim may secure compensation parents require to treat a child’s Erb’s palsy. Available damages may include medical and hospital expenses, surgical costs, lost wages, physical and occupational therapy, and even pain and suffering.
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